Zore Australia is dedicated to providing customers with an extensive product range sourced from renowned global manufacturers known for their exceptional quality, reliability, and performance.
Our utmost commitment as a supplier lies in the warranty we offer. We have complete confidence in the products we sell, and therefore, we guarantee to repair or replace, at our discretion, any faulty product(s) under normal conditions of use.
For proprietary brand products, we offer a warranty period of twenty-four (24) months from the date of purchase, ensuring that they are free from all defects in workmanship. It is important to note that this warranty does not cover products that have been mistreated, abused, or neglected in any way.
Furthermore, all original and licensed products are warranted in accordance with the manufacturer’s specifications. To avail of the warranty, customers are required to provide proof of purchase. In the case of faulty goods, they must be returned to the place of purchase for servicing or to an authorized service center.
We value our customers’ satisfaction and strive to provide top-notch products backed by reliable warranty terms. Should you have any questions or concerns regarding our terms and conditions, please feel free to contact us.
CONDITIONS OF SALE Conditions of Sales with Zore Australia PTY LTD
1. Definitions:
• ACL: Australian Consumer Law, as outlined in Schedule 2 to the CCA.
• Ancillary Charges: All costs associated with packaging, taxes, duties, and other expenses related to the manufacturing and delivery of the Goods.
• CCA: Competition and Consumer Act 2010, including its Schedules, including Schedule 2 (the ACL).
• Company: Zore Australia Pty Ltd ABN 58 664 960 212.
• Conditions: The terms and conditions outlined herein.
• Consumer: Defined as per section 3 of the ACL.
• Contract: The agreement between the Company and the Purchaser established upon the Purchaser’s acceptance of the Goods upon delivery by the Company.
• Goods: The specific item(s) specified in the Invoice.
• Invoice: This document.
• Payment Period: Unless cash payment is required upon delivery, the Payment Period is seven days or any extended period approved by the Company in response to a credit application made by the Purchaser. The period begins from the date of the Invoice.
• Price: The amount stated in the Invoice.
• Purchaser: The individual, firm, or company accepting the Goods and to whom the Invoice is addressed.
• PPSA: Personal Property Securities Act 2009.
2. Acceptance:
• The Invoice represents an offer subject to the Conditions, which can be accepted by the Purchaser through written acceptance, oral agreement, or acceptance upon delivery of the Goods.
3. Payment: 3.1. The Purchaser must settle the Price and all Ancillary Charges within the Payment Period. However, payment by the Purchaser does not waive the right to claim shortages in quantity or non-delivery of contracted goods. To make such a claim, written notice must be received by the Company within seven (7) days after the Goods’ receipt by the Purchaser.
3.2. If the Purchaser fails to fully pay the Price and Ancillary Charges by the end of the Payment Period, the Purchaser must pay interest to the Company at a rate of EIGHTEEN PERCENT (18%) per annum on any outstanding unpaid balance. This interest will accrue from the expiration of the Payment Period until the outstanding unpaid balance is paid in full. The Purchaser is responsible for all reasonable expenses, including debt collection commissions and legal costs on a full indemnity basis, incurred by the Company to enforce obligations and recover any outstanding amounts from the Purchaser.
4. Delivery of Goods: 4.1. The Purchaser may choose one of the following options for the Goods:
• Collect the Goods from the Company’s store.
• Have the Company deliver the Goods to a Delivery Point specified in writing by the Purchaser.
4.2. The Purchaser is entitled to inspect the Goods upon collection or at the Delivery Point. However, any signature by the Purchaser on the Company’s delivery or receipt form constitutes unqualified acceptance of the Goods.
4.3. If the Purchaser is absent from the Delivery Point at the time of Goods’ delivery, the Company may refuse delivery. In such cases, the Purchaser will be responsible for all transport costs incurred by the Company. If the Company chooses to deliver the Goods to the unattended Delivery Point, delivery will be considered unqualified acceptance of the Goods by the Purchaser.
5. Risk of Loss:
• The Goods are at the Purchaser’s risk from the moment they leave the Company’s store.
6. Passing of Property and Retention of Title:
6.1. Ownership of Goods: The Goods will remain the property of the Company until the Purchaser has fully paid the Price, Ancillary Charges, and all other outstanding amounts owed to the Company (referred to as “the Monies Owing”).
6.2. Agreement Regarding Delivered Goods:
• If the Company delivers the Goods or any part thereof before the Purchaser has fully paid the Monies Owing, the Purchaser agrees to:
• Keep the Goods as fiduciary owner for the Company and store them separately from their own property.
• If the Purchaser:
• Creates a new object, whether finished or not, using the Goods.
• Incorporates or mixes the Goods with other goods.
• Causes the Goods to become part of other goods (“the New Goods”).
• Ownership of the New Goods immediately transfers to the Company at the moment when the Goods are converted into, incorporated, mixed, or become part of the New Goods. The Purchaser must keep the New Goods as fiduciary owner for the Company and store them separately from their own property.
6.3. Appointment of Attorney: To give effect to and perfect the assignment mentioned in clause 6.2(b) above, the Purchaser irrevocably appoints the Company, along with all directors and officers of the Company, as their attorney.
6.4. Applicability: The Purchaser and the Company agree that the provisions of clause 6 apply regardless of any credit agreement between the Company and the Purchaser.
6.5. Clearance of Payment Instruments: If the Purchaser forwards a cheque, note, or other negotiable instrument as payment towards the Monies Owing, those Monies Owing will not be considered paid until the payment instrument is cleared through the Company’s bank account.
6.6. Definitions from PPSA: The definitions in Section 10 of the PPSA, including terms such as collateral, commercial property, financing statement, financing change statement, register, registration, security agreement, security interest, and verification statement, are adopted for the purposes of these Conditions. The term “register” is referred to as “Register” to avoid confusion.
6.7. Security Agreement and Interest:
• The Purchaser acknowledges that the Company’s Conditions:
• Constitute a security agreement under the PPSA for the goods or services provided.
• Create a security interest in the goods or services provided, as well as in goods or services supplied previously but not fully paid for, and future goods or services that will be supplied.
6.8. Obligations Regarding PPSA:
• The Purchaser agrees to:
• Promptly sign and provide any necessary documents and accurate information required by the Company to register a financing statement or financing change statement on the Register, as well as register any other required documents and correct any defects.
• Indemnify and reimburse the Company for all costs associated with registering a financing statement or financing change statement or releasing goods or services charged thereby.
• Not register a financing change statement without the Company’s prior written consent, concerning goods or services supplied by the Company that have not been fully paid for.
• Promptly inform the Company in writing of any significant changes in their methods and policies of selling and/or reselling goods or services supplied by the Company that would impact the nature of proceeds from such sales.
6.9. Security Interest for Non-Personal Use: The Company and the Purchaser agree that these Conditions create a security interest in goods and services that are not predominantly used by the Purchaser for personal, domestic, or household purposes.
(6.10) Waiver of Rights and Exclusion: Pursuant to section 115 of the PPSA, both the Company and the Purchaser agree that sections 96 and 125 of the PPSA do not apply to any security agreements created by these Conditions. Furthermore, the Purchaser hereby waives its rights to receive notices as provided in sections 95, 118, 121(4), 130, 132(3)(d), and 132(4) of the PPSA.
(6.11) Collateral Description and Verification Statement: In accordance with section 157(3) of the PPSA, the Purchaser acknowledges that the collateral is described in the registration as commercial property. Additionally, the Purchaser waives its right to receive a verification statement.
(7) Insurance of Goods: The Company is not obligated to insure the Goods.
(8) Default:
8.1 Events of Default: The following events shall be considered “Events of Default”: (a) Failure of the Purchaser to pay the Price and all Ancillary Charges (or any part thereof) by the expiration of the Payment Period specified in clause 3.1. (b) Appointment of a receiver and manager to all or any of the Purchaser’s assets, presentation of a winding-up petition, passage of a resolution for the winding up of the Purchaser, or appointment of an official manager or provisional liquidator, if the Purchaser is a company. (c) Cessation of the Purchaser’s business or inability to pay its debts as they become due. (d) Commitment of an act of bankruptcy, bankruptcy status, or entry into any deed of assignment, deed of arrangement, or composition with creditors, if the Purchaser is an individual.
8.2 Remedies in Case of Default: (a) If the Company has already delivered the Goods or any part thereof to the Purchaser: (i) The Company is entitled to enter any property owned or occupied by the Purchaser, with or without vehicles or equipment, retake possession of the Goods, and resell them. (ii) The Company may cancel the Contract and initiate legal proceedings for damages. (b) If the Company has not yet delivered the Goods or any part thereof to the Purchaser, the Company can cancel the Contract and sue for damages.
(9) Non-Returns: Unless specified in clauses 3.1, 11.2, and 11.4, any Goods that are acquired, obtained, or manufactured by the Company to fulfill its obligations under this Contract are non-returnable.
(10) Returns:
10.1 Return of Goods in Stock: Subject to clauses 3.1, 11.2, and 11.4, the Company will only accept the return of Goods that ordinarily form part of its stock if the Purchaser meets the following conditions: (a) The Purchaser must state its claim in writing within the specified period mentioned in the Company’s current price list, after receiving the Goods. (b) The Company must provide written approval for the return of the Goods. (c) The returned Goods must be accompanied by the appropriate authorization from the Company. (d) The Goods must be properly packaged, labeled, and in saleable condition. If the Goods are mixed with other items or improperly packaged or labeled, any credit given will be reduced by the cost of making the Goods saleable. (e) The Goods remain at the Purchaser’s risk until they are delivered to the Company’s store. (f) The return of Goods must be arranged and paid for by the Purchaser. (g) A handling charge determined by the Company may apply to the returned Goods.
10.2 Faulty Product Returns: Upon inspection by Zore’s Service Centre, Zore will credit the current wholesale cost of any faulty Zore, Sudio, or Extreme branded product within the 24-month warranty period. This policy covers products with an invoice value of less than $18 ex GST each. Zore reserves the right to inspect all claims and reject any product that is deemed not faulty or falls outside the provisions outlined in Zore ‘s Warranty Policy.
(11) Liability of Company
(11.1) Subject to clause 11.2, and (without limitation) if the Purchaser of the Goods is not a Consumer, all rights, duties, liabilities, terms, covenants and warranties implied at law or pursuant to any State or Federal legislation in respect of the Company and the Goods are hereby excluded, to the extent that such exclusion is lawful. This provision does not exclude any liability of the Company to the Purchaser under Division 2 of Part 5-4 of the ACL if the Company is defined as a manufacturer of the Goods pursuant to section 7 of the ACL, to the extent that such liability cannot be excluded.
(11.2) If the Purchaser of the Goods is a Consumer for the purposes of the ACL and the CCA Act, and the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, pursuant to Section 64A of Part 3-2 of the ACL any liability of the Company arising from breach of a condition or warranty implied by sections 54 to 59 inclusive of Part 3-2 of the ACL, shall be limited to:
(a) the replacement of the Goods or the supply of equivalent goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or acquiring equivalent goods; or
(d) the payment of the cost of having the Goods repaired; wholly at the discretion of the Company.
(11.3) If the Purchaser of the Goods is not a Consumer, the Purchaser undertakes that the Goods are not being acquired for personal domestic or household use or consumption by the Purchaser; and if the Purchaser acquires the Goods for resale, and the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then pursuant to Section 276A of Part 5-4 of the ACL any liability of the Company as a manufacturer (if applicable) arising from breach of a condition or warranty implied by sections 54 to 59 inclusive of Part 3-2 of the ACL, shall be limited to:
(a) the replacement of the Goods or the supply of equivalent goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or acquiring equivalent goods; or
(d) the payment of the cost of having the Goods repaired; wholly at the discretion of the Company.
(11.4) If the Purchaser is not a Consumer, notwithstanding sub-clause 11.2, in the event that any defect in the manufacture of or the materials in the Goods becomes apparent within six (6) months of the date of delivery of the Goods or such other period agreed by the Company in writing, the Company shall repair or replace or cause to be repaired or replaced, at a location specified in writing by the Company, the faulty Goods provided that:
(a) notice in writing specifying the defect is received by the Company within six (6) months of the date of delivery of the Goods or such other period agreed by the Company in writing; and
(b) the Purchaser proves to the satisfaction of the Company that;
(i) the defect specified became apparent while the defective Goods remain the property of either the Company or the Purchaser and are in the possession of the Purchaser;
(ii) the Goods were properly stored, maintained and otherwise protected from all risks of exposure;
(iii) the operation and maintenance of the Goods and of any plant or machinery in or with which the Goods may operate has been observed and performed in a proper workmanlike and technically proficient manner;
(iv) all instructions for the use and maintenance of the Goods have been complied with;
(v) the Goods have not been subject to repair by the Purchaser or by any other person excepting the Company its servants or agents; and
(vi) the defect in the Goods is not caused by any act or omission outside the Company’s control.
(c) the Purchaser shall arrange for the delivery of the Goods to the location nominated by the Company at the Purchaser’s risk;
(d) the Company shall be liable for the cost of repairing or replacing the defective Goods only and the Purchaser shall be liable for all other costs and expenses incurred, including transport and insurance costs;
(e) if the defective Goods are unable to be transported by the Purchaser to the location nominated by the Company the Purchaser shall be liable for all costs and expenses incurred by the Company in attending at the site at which the defective Goods are located (including but without limiting the generality of the foregoing, all travelling expenses, meals, accommodation and man hour rates for attendance at the site by the Company’s employees) until the Company notifies the Purchaser in writing, that in its sole and absolute discretion it accepts responsibility for any or all of such costs and expenses as being part of the cost of repairing or replacing the defective Goods.
(11.5) All warranties and representations made by the Company its servants or agents whether expenses or implied and whether collateral or antecedent to this Contract are expressly excluded.
(12) Failure to Deliver
The Company shall not be under any liability whatsoever to the Purchaser for loss, injury or damage of any kind whatsoever arising out of delay in or failure to make delivery of the Goods or any part thereof including (but without limiting the generality of the foregoing) consequential loss of any kind, whether the same be due to any act, omission, negligence or wilful default of the Company or its servants or agents, any breach by the Company its servants or agents of any term hereof, or any cause beyond the Company’s control.
(13) Zore Majeure
(13.1) Notwithstanding the provisions of clause 12 and in addition thereto, if there shall be delay in or failure to make delivery of the Goods or any part thereof which is caused by any cause beyond the Company’s control, the Company is entitled to:
(a) terminate the Contract by seven (7) days’ notice in writing to the Purchaser; or
(b) extend the time for its performance by notice in writing to the Purchaser.
(13.2) Upon expiration of the seven (7) days’ notice referred to in sub-clause 1(a) above the Contract shall terminate and the Purchaser shall not have any claim against the Company in respect of such termination, but the Purchaser shall remain liable for and pay to the Company a portion of the Price proportionate to the price of the Goods delivered pursuant to the Contract, and any Ancillary Charges actually incurred by the Company up to the date of such termination.
(14) Lien
In addition to any right of lien to which the Company may be entitled by law, it shall be entitled to a general lien on all property of the Purchaser in the Company’s possession for the unpaid price of any Goods sold and delivered to the Purchaser by the Company under this or any other Contract.
(15) Patents
(15.1) The Purchaser hereby indemnifies the Company in respect of all liability claims and demands arising from any infringement by the Purchaser of any patent belonging to any person in any item or process forming part or whole of the Goods, or in which the Goods are placed.
(15.2) Unless agreed otherwise, the Company shall be entitled to use for its own purposes any schemes, circuits or other items of equipment produced by the Company for the Purchaser pursuant to this Contract in respect of which the Purchaser has obtained a patent, notwithstanding such patent.
(16) Conditions to Prevail
The Conditions shall prevail over all other written or oral terms and conditions except to the extent that the Company, by one of its duly authorised officers, has agreed in writing to the amendment of the Conditions.
(17) Fee Charges
The Company reserves the right to charge any or all of:
(17.1) an administration fee,
(17.2) a stock rotation fee and/or
(17.3) a credit card fee,
(17.4) freight of $10 ex GST will be charged on orders less than $250 ex GST by negotiation and agreement with a purchaser.
(17.5) freight up to $100 ex GST for the return of goods that have been sent to the Company without obtaining prior authorisation to do so.
(18) Disputes
In the event of a dispute between the Company and the Purchaser arising out of or in connection with this Contract, the Company shall be entitled to elect to refer the dispute to either an expert or arbitrator or the appropriate court, for resolution.
(19) Time of Essence
Time is of the essence in respect of the payment of the Price and the Ancillary Charges.
(20) Proper Law
This Contract shall be construed in accordance with the Law of the State of New South Wales.